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SURREY (NEWS1130) – The BC Supreme Court is upholding a sex assault conviction against a 47-year-old cab driver from Surrey.

Wasim Malik picked up a 17-year-old girl and her 16-year-old friend in the Bridgeview area of Surrey in April, 2009.

Both girls had been drinking and ended up with a $98 cab fare they couldn’t pay.

The younger girl was dropped off and the 17-year-old, who can only be identified by the initials AB, ended up at Malik’s house.

That’s where the consistencies between the stories from Malik and AB end.

AB testified the taxi driver came out of his bedroom wearing nothing but a bathrobe.

She claims he sat next to her on the couch and told her, “Come on baby, please” and, “Please baby, you owe me for the cab.”

AB testified that at some point both of them ended up on the floor where she was underneath and he was on top. She claims she was able to squirm away and run off.

Malik told a very different story at his trial.

“She would do anything for me, she was not working and would do anything for me,” Malik said in his testimony. “She then said, ‘Do you have any place we can go?’”

Malik says they went back to his place where she offered to perform oral sex on him.

Malik says AB then told him she couldn’t go through with it and left.

Justice Murray Blok says he doesn’t believe Malik’s version of the story and is upholding the conviction.

“While the Crown spoke in generalities by asserting that performing a sex act on a 47-year-old man would not be the first solution for an unpaid taxi fare that would occur to a 17-year-old girl, I prefer not to approach the question in terms of likelihood,” Blok said in his ruling.

“Instead, dealing with this specific case, I do not accept that this 17-year-old girl willingly engaged in a sexual act with the 47-year-old accused in order to solve the problem of the unpaid taxi fare, or for any other reason for that matter.”

At his trial, Malik maintained he thought the young women were in their twenties because they were both wearing short dresses and makeup.